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Equal Pay Day & The Equal Pay Act

Equal Pay Day

equal pay act lawyersEqual Pay Day is an annual event that highlights the ongoing wage gap between men and women. It is observed in the United States and other countries around the world on different dates each year, depending on how long it takes women to earn the same amount of money that men earned in the previous year.

The idea of Equal Pay Day was first introduced in 1996 by the National Committee on Pay Equity, a non-profit organization that works to eliminate wage discrimination. The date of Equal Pay Day is calculated based on the wage gap between men and women, which is typically expressed as a percentage. In the United States, for example, women earned 82 cents for every dollar earned by men in 2021, which means that Equal Pay Day was observed on March 24, 2021 (because it took women an additional 82 days to earn the same amount of money that men earned by December 31, 2020).

Equal Pay Day is an opportunity to raise awareness about the persistence of wage discrimination and to advocate for policies and practices that promote pay equity. Some of the actions that individuals and organizations can take on Equal Pay Day include:

  • Sharing information about the wage gap and the impact of wage discrimination on women and their families.
  • Encouraging employers to conduct pay equity analyses to identify and address any disparities in pay.
  • Calling on elected officials to support legislation that promotes pay equity, such as the Paycheck Fairness Act in the United States.
  • Highlighting the contributions of women to the workforce and the economy, and advocating for greater recognition and compensation for their work.

While Equal Pay Day is an important reminder of the ongoing struggle for pay equity, it is important to recognize that the wage gap is just one manifestation of broader inequalities that affect women and other marginalized groups. Achieving true equity and justice will require sustained efforts to address these broader issues, including systemic racism, discrimination, and unequal access to opportunities and resources.

The Equal Pay Act, signed into law in 1963, is a federal law that prohibits wage discrimination based on sex. The law requires that men and women be paid equally for doing the same job, with equal skill, effort, and responsibility, and under similar working conditions. While the law has been in place for almost 60 years, wage disparities between men and women still exist. In California, there are additional laws that supplement the Equal Pay Act to further protect employees from wage discrimination.

Equal Pay Act

The Equal Pay Act

The Equal Pay Act (EPA) was signed into law by President John F. Kennedy in 1963 as an amendment to the Fair Labor Standards Act. The law prohibits employers from paying employees of one sex less than employees of the opposite sex for equal work, with the exception of situations where the pay differential is based on seniority, merit, quantity or quality of production, or any other factor other than sex. The EPA applies to all employers subject to the Fair Labor Standards Act, regardless of the size of the business or the number of employees.

The EPA also prohibits retaliation against employees who complain about wage discrimination or participate in an investigation or lawsuit related to wage discrimination. The law provides for both back pay and liquidated damages (an additional equal amount of back pay) for employees who successfully prove wage discrimination.

California’s Fair Pay Act

California has had an equal pay law since 1949, but the state’s Fair Pay Act (FPA), signed into law in 2015, strengthened and expanded the state’s protections against wage discrimination. The FPA requires employers to pay employees of different genders who perform “substantially similar work” the same wage. Unlike the EPA, the FPA does not allow for pay differentials based on factors other than sex, and it also prohibits employers from relying on an employee’s prior salary history to justify a wage differential.

In addition to prohibiting wage discrimination, the FPA requires that employers provide employees with a pay scale for their position upon request. The law also prohibits employers from retaliating against employees who ask for or discuss wage information.

California’s Gender Recognition Act

In 2018, California passed the Gender Recognition Act (GRA), which allows individuals to identify as nonbinary and have their gender recognized on official documents such as driver’s licenses and birth certificates. The GRA also prohibits discrimination based on gender identity, including in the workplace.

The Equal Pay Act was a crucial first step in addressing wage discrimination based on sex, but more work is needed to achieve true pay equity. In California, the Fair Pay Act and the Gender Recognition Act provide additional protections for employees against wage discrimination and discrimination based on gender identity. Employers must be vigilant in ensuring that they are paying employees of all genders equally for equal work, and employees should be aware of their rights under these laws and speak up if they believe they are being unfairly compensated.

The Paycheck Fairness Act

pay check fairness act

The Paycheck Fairness Act is a proposed piece of legislation in the United States aimed at addressing the gender wage gap. The bill seeks to strengthen the Equal Pay Act of 1963, which prohibited pay discrimination on the basis of sex, by providing additional tools for enforcement and increasing transparency around pay.

If passed, the Paycheck Fairness Act would:

  • Prohibit employers from retaliating against employees who discuss their pay with colleagues.
  • Require employers to prove that pay disparities between men and women are not based on sex, but rather on factors such as education, training, or experience.
  • Allow employees to sue for compensatory and punitive damages in cases of pay discrimination.
  • Require the Equal Employment Opportunity Commission (EEOC) to collect pay data from employers and share it with the Department of Labor.
  • Provide funding for research and education programs aimed at closing the gender pay gap.

Overall, the Paycheck Fairness Act aims to provide stronger legal protections for women in the workforce and promote greater equality in pay.

Is Your Pay Equal?

If you feel you’ve been denied equal pay by a current or past employer, you may have a legal case to pursue a claim. Reach out to our experienced, passionate equal pay and employee rights lawyers at Matern Law Group, PC for a free consultation today. We are committed to obtaining justice for you. We pride ourselves on delivering exceptional legal services to all our clients. Get in touch by filling out the form below, or calling us directly at: 855-913-1134.

Equal pay resources:

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